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Variation of Trusts Act 1958

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29: 224:, with no requirement that the alterations be for their benefit. The courts have interpreted the Act's scope fairly widely, stating that almost any "variation" is acceptable, and that "benefit" may mean not just a financial benefit, but also a social or moral one. Despite initial fears that it would allow tax planners another way to hide funds and create a back-and-forth fight between the 272:"to consider whether any alteration is desirable in the powers of the court to sanction a variation in the trusts of a settlement in the interests of beneficiaries under disability and unborn persons, with particular reference to the decision in Chapman v. Chapman", and a report was presented to Parliament in November of that year. A draft bill was drawn up and introduced by 297:
property subject to the trusts". This power can be exercised for people in one of four categories: beneficiaries who are incapable of assenting to the change (infants or those who are otherwise incapable); individuals who may "be entitled" to be beneficiaries in the future, but who are not at present; unborn beneficiaries; or people who may be beneficiaries under
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ruled that the word "arrangement" was "deliberately used in the widest possible senses so as to cover any proposal which any person may put forward for varying or revoking the trusts", essentially allowing the courts the right to make any alteration whatsoever. Despite this, the Court of Appeal noted
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The Act gives the courts almost unlimited power to exercise their jurisdiction to form "compromise" agreements, with Section 1(1) allowing them to approve "any arrangement...varying or revoking all or any of the trusts or enlarging the powers of the trustees of managing or administering any of the
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Prior to the 1950s, the courts commonly accepted that they could approve a "compromise" agreement where there was a dispute over the precise meaning of words in a trust document. In some cases, the courts used this to rearrange trusts for the benefit of certain parties (such as minors) where there
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The Act gave the courts near-unlimited discretion to approve "compromise" agreements, for the benefit of infants or other incapable individuals, for individuals who may become beneficiaries, or for unborn beneficiaries. The courts are also able to approve agreements for individuals who may be
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While some critics feared that granting the courts unlimited jurisdiction would create "a most undignified game of chess between the Chancery Division and the legislature", and that it allowed tax planners another way to hide funds, the Act received general approval at the time. It was later
352:, they have found that if the claimant, a member of a class of beneficiaries, applies and cannot benefit (although other members of the class can), the court is obliged to refuse the request. It is debatable as to whether the intentions of the testator should be taken into account; in 185:
that governs the courts' ability to vary the terms of trust documents. Prior to the 1950s, the courts were willing to approve "compromise" agreements as to what terms meant, not only when they were disputed but also for the benefit of certain parties, such as minors. In 1954, the
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that this power was reserved for a genuine dispute. This decision caused frustration: where previously all trusts could be varied, either through the court's ability to create a "compromise" agreement or the rights granted to trusts which came under the
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said that "the word benefit is... plainly not confined to financial benefit, but may extend to social or moral benefit". Under Section 1(3), the Act does not apply to trusts created by an Act of Parliament. The wide scope of the act was quantified in
378:. The second class of beneficiaries covered in Section 1(1) caused problems for the courts; since it only allows the court to alter a trust document where a person "may be entitled", nothing can be done once this entitlement is confirmed. 228:
and Parliament, the Act was met with general approval. The ability of the courts to alter trustees' investment powers under the Act was criticised as slow and expensive, and as a result this is now covered by the
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There is the question as to what to do with proposed "compromise" agreements where it is not certain that a benefit will ensue. In this situation, the courts have sometimes agreed to take the chance, as in
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criticised as expensive and slow in regards to allowing trustees the right to alter their investment powers, and this part of the Act was later superseded by the
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that the court would not permit a compromise agreement where it not only varied the terms of the trust but constituted the creation of an entirely new one.
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An Act to extend the jurisdiction of courts of law to vary trusts in the interests of beneficiaries and sanction dealings with trust property
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that this would no longer be permitted, creating a gap between the rights of trusts under the
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the courts refused to alter a trust document, partially due to the testator's wishes; in
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as in force today (including any amendments) within the United Kingdom, from
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limited this right to those created under the 1925 Act. In January 1957 the
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on 23 July 1958, and came into force as the Variation of Trusts Act 1958.
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introduced the Variation of Trusts Bill to Parliament, where it was given
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Price, Leolin (1961). "Trustee Investments Act, 1961".
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Price, Leolin (1959). "Variation of Trusts Act, 1958".
587: 204:decision). As a result, following a report by the 659: 431:"Business of the House (Hansard, 12 June 1958" 370:, however, the court took the opposite view. 588:Edwards, Richard; Nigel Stockwell (2007). 242:was no real dispute. In 1954 however, the 157:Text of the Variation of Trusts Act 1958 668:United Kingdom Acts of Parliament 1958 660: 606: 459:"Royal Assent (Hansard, 23 July 1958)" 644: 625: 611:(6th ed.). Routledge-Cavendish. 150:Text of statute as originally enacted 13: 14: 684: 592:(8th ed.). Pearson Longman. 183:Parliament of the United Kingdom 34:Parliament of the United Kingdom 27: 581: 569: 560: 551: 542: 533: 524: 515: 506: 464:Parliamentary Debates (Hansard) 436:Parliamentary Debates (Hansard) 497: 488: 479: 451: 423: 414: 405: 396: 387: 364:Re Remnant's Settlement Trusts 1: 381: 236: 376:Trustee Investments Act 1961 346:Re Cohen's Settlement Trusts 343:; on other occasions, as in 231:Trustee Investments Act 1961 171:Variation of Trusts Act 1958 136:Trustee Investments Act 1961 22:Variation of Trusts Act 1958 7: 10: 689: 653:(6). Blackwell Publishing. 18:United Kingdom legislation 607:Hudson, Alastair (2009). 155: 148: 141: 131: 113: 108: 98: 88: 83: 73: 63: 50: 40: 26: 329:Re T's Settlement Trusts 75:Territorial extent  355:Re Steed's Will Trusts 318:Re Steed's Will Trusts 291: 126:Mental Health Act 1983 122:Mental Health Act 1959 118:County Courts Act 1959 258:Settled Land Act 1925 198:Settled Land Act 1925 638:Blackwell Publishing 575:Edwards (2007) p.174 548:Edwards (2007) p.179 539:Edwards (2007) p.178 530:Edwards (2007) p.177 512:Edwards (2007) p.173 494:Edwards (2007) p.175 411:Edwards (2007) p.171 402:Edwards (2007) p.166 393:Edwards (2007) p.165 341:Re Holt's Settlement 304:Re Holt's Settlement 278:Member of Parliament 270:Law Reform Committee 220:beneficiaries under 206:Law Reform Committee 521:Hudson (2009) p.446 485:Hudson (2009) p.445 23: 673:English trusts law 566:Price (1961) p.739 161:legislation.gov.uk 21: 647:Modern Law Review 629:Modern Law Review 609:Equity and Trusts 599:978-1-4058-4684-4 590:Trusts and Equity 557:Price (1959) p.59 503:Price (1959) p.58 420:Price (1959) p.56 299:protective trusts 288:on 23 July 1958. 282:Ruislip-Northwood 249:Chapman v Chapman 226:Chancery Division 222:protective trusts 193:Chapman v Chapman 175:6 & 7 Eliz. 2 167: 166: 109:Other legislation 79:England and Wales 57:6 & 7 Eliz. 2 680: 654: 641: 622: 603: 576: 573: 567: 564: 558: 555: 549: 546: 540: 537: 531: 528: 522: 519: 513: 510: 504: 501: 495: 492: 486: 483: 477: 476: 474: 472: 455: 449: 448: 446: 444: 427: 421: 418: 412: 409: 403: 400: 394: 391: 76: 31: 30: 24: 20: 688: 687: 683: 682: 681: 679: 678: 677: 658: 657: 619: 600: 584: 579: 574: 570: 565: 561: 556: 552: 547: 543: 538: 534: 529: 525: 520: 516: 511: 507: 502: 498: 493: 489: 484: 480: 470: 468: 457: 456: 452: 442: 440: 429: 428: 424: 419: 415: 410: 406: 401: 397: 392: 388: 384: 323:Court of Appeal 294: 266:Lord Chancellor 239: 177:. c. 53) is an 144: 143:Status: Amended 124: 120: 74: 36: 28: 19: 12: 11: 5: 686: 676: 675: 670: 656: 655: 642: 623: 617: 604: 598: 583: 580: 578: 577: 568: 559: 550: 541: 532: 523: 514: 505: 496: 487: 478: 467:. 23 July 1958 450: 439:. 12 June 1958 422: 413: 404: 395: 385: 383: 380: 293: 290: 244:House of Lords 238: 235: 188:House of Lords 165: 164: 153: 152: 146: 145: 142: 139: 138: 133: 129: 128: 115: 111: 110: 106: 105: 102: 96: 95: 92: 86: 85: 81: 80: 77: 71: 70: 65: 61: 60: 54: 48: 47: 44: 38: 37: 32: 17: 9: 6: 4: 3: 2: 685: 674: 671: 669: 666: 665: 663: 652: 648: 643: 639: 635: 631: 630: 624: 620: 618:0-415-49771-X 614: 610: 605: 601: 595: 591: 586: 585: 572: 563: 554: 545: 536: 527: 518: 509: 500: 491: 482: 466: 465: 460: 454: 438: 437: 432: 426: 417: 408: 399: 390: 386: 379: 377: 371: 369: 366: 365: 360: 357: 356: 351: 348: 347: 342: 336: 334: 331: 330: 324: 320: 319: 313: 309: 306: 305: 300: 289: 287: 283: 279: 275: 274:Petre Crowder 271: 267: 263: 259: 254: 251: 250: 245: 234: 232: 227: 223: 217: 215: 211: 210:Petre Crowder 207: 203: 199: 195: 194: 189: 184: 180: 176: 172: 162: 158: 154: 151: 147: 140: 137: 134: 130: 127: 123: 119: 116: 112: 107: 103: 101: 97: 93: 91: 87: 82: 78: 72: 69: 68:Petre Crowder 66: 64:Introduced by 62: 58: 55: 53: 49: 45: 43: 39: 35: 25: 16: 650: 646: 633: 627: 608: 589: 582:Bibliography 571: 562: 553: 544: 535: 526: 517: 508: 499: 490: 481: 469:. Retrieved 462: 453: 441:. Retrieved 434: 425: 416: 407: 398: 389: 372: 368:2 All ER 554 362: 353: 350:3 All ER 139 344: 340: 337: 327: 321:, where the 316: 308:1 All ER 470 302: 295: 286:royal assent 261: 247: 240: 218: 214:royal assent 201: 191: 170: 168: 104:23 July 1958 100:Commencement 94:23 July 1958 90:Royal assent 15: 471:23 February 443:23 February 246:decided in 190:decided in 662:Categories 382:References 268:asked the 237:Background 132:Relates to 114:Amended by 42:Long title 312:Megarry J 359:1 All ER 52:Citation 262:Chapman 202:Chapman 181:of the 59:. c. 53 615:  596:  333:Ch 158 276:, the 253:AC 429 636:(1). 84:Dates 613:ISBN 594:ISBN 473:2010 445:2010 280:for 169:The 326:in 292:Act 179:Act 664:: 651:24 649:. 634:22 632:. 461:. 433:. 310:, 260:, 233:. 208:, 640:. 621:. 602:. 475:. 447:. 173:( 163:.

Index

Parliament of the United Kingdom
Long title
Citation
6 & 7 Eliz. 2
Petre Crowder
Royal assent
Commencement
County Courts Act 1959
Mental Health Act 1959
Mental Health Act 1983
Trustee Investments Act 1961
Text of statute as originally enacted
Text of the Variation of Trusts Act 1958
legislation.gov.uk
6 & 7 Eliz. 2
Act
Parliament of the United Kingdom
House of Lords
Chapman v Chapman
Settled Land Act 1925
Law Reform Committee
Petre Crowder
royal assent
protective trusts
Chancery Division
Trustee Investments Act 1961
House of Lords
Chapman v Chapman
AC 429
Settled Land Act 1925

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